The damages that you can claim from a wrongful death may include the burial costs, cover the income that has been lost by the death of your family member, the medical bills that may have piled up prior to the death, and the cost of emotional pain and suffering.
The death of a loved one is never an easy ordeal to go through. In some cases, the grief may fuel you or your family to pursue legal action against someone who you think should be liable for the death of your family member. But how exactly can you know if there is truly a case worth pursuing? How can you separate the possibility of you simply acting out of contempt and the possibility that there is truly a strong case against the defendant? We have rounded up some possible scenarios that might help you determine whether or not the circumstances warrant a wrongful death claim or not – keep on reading below.
These are the top 4 situations that justify your claim for wrongful death:
1: If the deceased had been intentionally killed.
At the get-go, you may allow the criminal court to do its duty in trying and sentencing the accused. However, you and your family may also choose to file a wrongful death claim. These are two separate but connected cases and should be treated as such. Your current legal representative, if he or she is able, may be able to file for this on your behalf. As opposed to criminal litigation, this claim will take place in a civil court and will be handled as such. If there has been an intent to kill and if this has been proven, you and the rest of the surviving family members should be able to file for damages for wrongful death.
2: If there has been a car accident as a direct result of negligence.
While this may be tricky to prove in court, the circumstances and facts surrounding the case should be able to settle this for you. You and your legal representative should be able to make your case and prove that there has indeed been negligence from the other party. For example, if you can prove that the other party had been drunk while driving, you can file for a wrongful death claim.
3: If there has been medical malpractice involved.
Naturally, we go to medical practitioners and expect to be given the best possible care. However, in some cases, a doctor or nurse may commit an error that ultimately leads to the demise of your loved one. When this happens, you may be able to take legal action against the other party and file for a wrongful death claim.
4: If death is a direct result of a defective product.
If a suspected defective product may have been the ultimate cause of the demise of your loved one, then you may file for a wrongful death action against the manufacturer of the product. This is a case that is often linked to pharmaceutical companies, food packaging companies, and automobile companies. It is expected for these manufacturers to inspect their products thoroughly. In case of negligence on their part to do so, you and your family are liable for just compensation.
Of course, the damages to you and your family will likely not be enough to cushion the blow of the death of your loved one. However, in most cases, this can serve as a closure to you as well as help you secure assistance with your loss. The damages that you can claim from a wrongful death may include the burial costs, cover the income that has been lost by the death of your family member, the medical bills that may have piled up prior to the death, and the cost of emotional pain and suffering.